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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

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      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Reclaiming Charges & Cca ?

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BankFodder

BankFodder

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Not at all.

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MARTIN3030

MARTIN3030

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They probably wont be too suprised anyway-most of the Citi claimants on CAG have requested it.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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hypern12

hypern12

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They probably wont be too suprised anyway-most of the Citi claimants on CAG have requested it.

Started claiming the charges before i knew about this forum used the template letters from GMTV site.

They knocked back my claim so sent the threat of court action will see what happens !

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Enron

Enron

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They'll likely defend it all the way - most likely instructions from HQ in the USA.

 

However we've had many successes, Citi being most reluctant to back up the conflicting cost pre-estimates with proper figures when orderred to by courts.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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hypern12

hypern12

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They'll likely defend it all the way - most likely instructions from HQ in the USA.

 

However we've had many successes, Citi being most reluctant to back up the conflicting cost pre-estimates with proper figures when orderred to by courts.

Thanks Will let you know when i recieve response

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  • 2 weeks later...
Enron

Enron

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Posted

They will likely follow normal procedure in this instance, ignore the customer and continue to operate the account as normal despite not being legally entitled.

 

This could impact on your credit file as obviously they will place late payment markers and a default against your credit file...... however if you are ok with that, the law is on your side, wait for their response.

 

I'd be tempted to chase up the copy of your executed agreement in writing, if you hear anything let me know as there should be an ever increasing pile of complaints that the OFT have... which could come into action when Citi begin to commence the process of renewing their credit license later this year.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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MARTIN3030

MARTIN3030

Posted
Posted

Send a non compliance letter-theres one in the CAG library.

You should not need to resend a further request,and nor should you do so.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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hypern12

hypern12

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Following my claim for repayment of charges off Citi cards they have not answered my letter dated 3rd May 2009 where i threatened court action if they did not refund the said charges.

I asked for a full response within 14 days and am still waiting. !

What should i do next. ?

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the_shadow

the_shadow

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Following my claim for repayment of charges off Citi cards they have not answered my letter dated 3rd May 2009 where i threatened court action if they did not refund the said charges.

I asked for a full response within 14 days and am still waiting. !

What should i do next. ?

 

If they havent responded then you'll need to issue a court claim to get the charges back.

 

S.

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hypern12

hypern12

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Got a response from Citi cards today they have offered me the difference between the current £12 charge and the past charges of £20 & £25 that have been applied to the account without admitting any liability. !

Some of these higher charges go back 6 years and they have not even added any interest in their offer.

They also state that if the account is left active i agree to them adding further charges of £12 that will not be refundable.

They enclose an agreement for me to sign return to accept their offer in a full and final settlement of my complaint.

Any thoughts ?

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Enron

Enron

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Standard offer, I personally would refuse, but be prepared to have to go all the way to court - as they will defend.

 

That said we do know alot of their weaknesses.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 3 weeks later...
  • 3 weeks later...
hypern12

hypern12

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Standard offer, I personally would refuse, but be prepared to have to go all the way to court - as they will defend.

 

That said we do know alot of their weaknesses.

Have got financial ombudsman involved in reclaiming charges issue see what they come up with before i take court action.

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Enron

Enron

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Sensible, hope you get on ok, from experience Martin3030 had Citi just ignore the FOS...... but keep us posted on what happens.

 

Either way Citi will be billed £450 for the trouble of your complaint going to the FOS.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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